The holidays are upon us. That means spending time with loved ones, good food, presents, and, of course, controversial holiday displays. ...more
In December, we reported that the Mahwah Township Council (“Council”) voted to withdraw two ordinances at the center of RLUIPA litigation involving the expansion of an eruv proposed by Bergen Rockland Eruv Association...more
Thou shall have the right to an electronic sign? Apparently not. Just over a year ago, Hillside Baptist Church and Signs for Jesus (together, Plaintiffs or Church) filed a complaint in the District Court for New Hampshire,...more
2/13/2017
/ Aesthetic Functionality ,
Article III ,
First Amendment ,
Free Exercise Clause ,
Free Speech ,
Religious Discrimination ,
Religious Displays ,
Religious Institutions ,
RLUIPA ,
Standing ,
Traffic Laws ,
Zoning Laws
Recently, the Third Circuit Court of Appeals entered an order upholding the district court’s decision in the case of Tearpock-Martini v. Shickshinny Borough, which we reported on last summer. The case involved an...more
The Missouri Court of Appeals has ruled that the Kansas City, Missouri, Board of Adjustment abused its discretion in failing to grant a variance to Antioch Community Church (Church) to install digital components into its...more
1/16/2017
/ Appeals ,
Commercial Speech ,
First Amendment ,
Free Speech ,
Religious Discrimination ,
Religious Displays ,
Religious Expression ,
Religious Institutions ,
RLUIPA ,
Variances ,
Zoning Laws
Earlier this month, the Tenth Circuit Court of Appeals ruled that Bloomfield, New Mexico’s installation of a Ten Commandments monument on the lawn in front of city hall violated the Establishment Clause of the First...more
Late last month, a federal district court in Pennsylvania ruled that directional signs to a church, which contained images of a cross and bible, did not violate the Establishment Clause of the First Amendment.
The...more
It’s maybe one of our favorite blog posts titles of all time: “Zombies Outshine Satan? More Controversial Holiday Displays, Including Baby, Fanged, Undead Jesus and Dogs in Costumes.” The case of Baby, Fanged, Undead Jesus...more
It wouldn’t be the holidays without controversial nativity scenes igniting lawsuits across the country. Generally, these lawsuits are brought under the Establishment Clause, alleging that the government illegally endorses...more
Hillside Baptist Church (the Church) and Signs for Jesus (S.4.J.C.) (together, Plaintiffs) recently filed a complaint in the District Court for New Hampshire, seeking a declaration that the Town of Pembroke’s (the Township)...more
Many view Thanksgiving week as a time for reflection and gratitude. Whether looking forward to the next turkey or reminiscing about the last, take some time for our semi-regular summary of news items involving local...more
What is Religious Exercise? remains a prevalent question in religious land use news this week. Below, find our semi-regular summary of news items involving local government, religion, and land use....more
10/26/2015
/ American Civil Liberties Union (ACLU) ,
Educational Institutions ,
Freedom From Religion Foundation ,
Freedom of Religion ,
Marijuana ,
Marijuana Cultivation ,
Public Housing ,
Religious Displays ,
Religious Expression ,
Religious Freedom Restoration Act (RFRA) ,
Religious Institutions ,
RLUIPA ,
Zoning Laws
Below are news items from the past week involving local government, religion, and land use that may be of interest to our readers.
- The New York Times reports that the Ten Commandments monument on the Oklahoma Capitol...more
10/12/2015
/ Churches ,
Department of Justice (DOJ) ,
OK Supreme Court ,
Religious Accommodation ,
Religious Displays ,
Religious Freedom Restoration Act (RFRA) ,
Religious Institutions ,
Religious Schools ,
RLUIPA ,
Special Use Permit ,
Zoning Laws
Below are news items from the past week involving local government, religion, and land use that have caught our attention.
The United States District Court for the Eastern District of New York has issued a Memorandum and...more
10/5/2015
/ Catholic Church ,
Catholic Diocese ,
Churches ,
Decriminalization of Marijuana ,
Establishment Clause ,
Freedom From Religion Foundation ,
Marijuana ,
Motion To Reconsider ,
Religious Discrimination ,
Religious Displays ,
Religious Institutions ,
Religious Schools ,
RLUIPA ,
Summary Judgment
The Arkansas Senate, in passing Bill no. 939 (now Act 1231), authorized the placement of a Ten Commandments monument on the grounds of the Arkansas State Capitol to purportedly “help the people of the United States and of...more
The Ninth Circuit has affirmed a lower court’s decision ruling that a twelve foot statute of Jesus near Montana’s Big Mountain does not violate the First Amendment’s Establishment Clause. The statue, known as “Big Mountain...more
Last month, we reported on the New York State Supreme Court decision that held the Town of Southampton, New York erroneously applied its sign ordinance to East End Eruv Association’s (“EEEA”) proposed eruv, which EEEA seeks...more
The U.S. District Court for the Western District of Pennsylvania dismissed an Establishment Clause challenge to a Ten Commandments monument located on the lawn outside a local high school, in Freedom From Religion Foundation...more
After a brief summer hiatus, RLUIPA Defense is back with another edition of the Round-Up. What better way to kick things off than with news about the Satanic Temple of Detroit, which recently unveiled “The Satanic Temple...more
For the past 5-plus years, East End Eruv Association (“EEEA”) has been involved in federal litigation seeking approval to construct an eruv in accordance with its religious beliefs (East End Eruv Association v. Westhampton...more
In a case we have been following, Oklahoma’s Supreme Court has ruled that a Ten Commandments monument on the Oklahoma Capitol grounds is unconstitutional under state law. We previously reported on the lower court’s decision...more
We bring you more interesting news from the world of land use, religion and government:
The Chicago Tribune reports that the Village of La Grange, Illinois Planning Commission is considering a proposed zoning code...more
While the holiday season is still several months away, nativity scenes are back in the news. What nativity scene discussion would be complete without adorable baby, fanged Jesus? On New Year’s Eve 2014, we reported about...more
In Felix v. City of Bloomfield (D. NM Aug. 7, 2014), the U.S. District Court for the District of New Mexico found that the display of a five-foot, granite Ten Commandments monument outside City Hall violated the Establishment...more